Terms of Use

CONDITIONS OF ENTRY 

WE will not be liable for any personal injury or loss where negligence cannot be attributed to US. 

WE reserve the right to deny admission to persons under the age of 16 unless accompanied by a supervising companion aged 18 or over.  

Pets are not permitted but service dogs are allowed to accompany a guest with a disability.  

RESPONSIBILITIES OF PATRONS

By your participation you accept the inherent risks of possible injury or harm associated with the activity. You agree to abide by the following safety rules in addition to all verbal and posted instructions: -All players must only hit from the mat and no running starts or horseplay is allowed -Only the person hitting a ball may stand beyond the red line. All waiting players must always stand behind the red line -All persons must always stay behind the yellow line (please take extra care when playing from the upstairs bays) -Players are responsible for the safety of others around them and should always check their surroundings before swinging a club -Aim for the targets only. Deliberately aiming for the ball picker or hitting golf balls over the boundary netting is prohibited and players are responsible for any damage or injuries caused -Players aged under 16 MUST be supervised by an adult when playing -Throwing golf balls is prohibited -Only dispense one golf ball at a time. Photographs or videos taken by you must be for your own personal use and enjoyment and not for any commercial purpose. WE may use any photographs or video that WE take of you for our commercial purposes without payment to you. You must: -act with consideration for both you and others and refrain from behaviour which could affect your safety or the safety of others -always wear appropriate clothing and footwear (bare feet are not permitted) -obey all reasonable written and verbal instructions and warnings given by OUR staff -use safety equipment where directed -let US inspect any bags or other goods in your possession immediately upon request -be responsible for your own personal property as WE will not be responsible for any loss. Smoking, vaping and use of e-cigarettes are permitted in designated smoking areas only. Adults and carers are responsible for people under their supervision. You may be refused entry or evicted or have your membership cancelled if WE reasonably believe that you are adversely affected by drugs or alcohol or behave inappropriately or breach any of these Conditions of Entry. No alcohol, glassware, food (including commercially prepared food), beverages, eskies or coolers are permitted at Topgolf unless required for special dietary needs (e.g. allergies) or by infants or babies.

USE OF THE WEBSITE 

The Website is interactive and public and in posting content you understand, acknowledge and agree: 

a. any materials, ideas or other communications you transmit in any manner and for any reason will not be treated as confidential or proprietary; b. any ideas, concepts, techniques, procedures, methods, systems, video, scripts, music, photographs, designs, plans, charts or other materials you transmit may be used by US anywhere, anytime, and for any reason whatsoever; c. not to use any obscene, indecent, or offensive language; d. not to place on the Website any material that is defamatory, abusive, harassing, racist, hateful, encrypted, constitutes junk mail or unauthorized advertising, commercial offers, invades anyone's privacy, or encourages conduct that would constitute a criminal offence, give rise to civil liability, or that otherwise violates any local, federal, national or international law or regulation; e. to use the Website only for lawful purposes f. you are responsible for ensuring that any material you provide to the Website or post on a bulletin board or forum or elsewhere, including but not limited to text, photographs and sound, does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party or is posted with the permission of the owner(s) of such rights g. not to disrupt, overwhelm, attack, modify or interfere with the Website or its associated software, hardware and/or servers in any way; h. not to impede or interfere with others' use of the Website; i. not to post any software, files or links to other sites; j. not to post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation or any feature of the Website; and k. not to alter or tamper with any information or materials on or associated with the Website.

COMPETITIONS

If WE conduct any competitions on the Website then: 

a.  WE, in OUR absolute discretion, reserve the right to refuse any competition entry or to deny access to the Website for any conduct WE believe may breach these Terms & Conditions or any law; 

b.  competitions are subject to individual terms and conditions available at the time of entry; & 

c. OUR employees of and those of OUR related bodies corporate, including immediate family members, may not become members of the Website and cannot enter any competitions promoted on the Website. 

CHANGE

The information on the Website (including prices and product offerings) may change at any time without notice. The availability of features or products shown or referred to on the Website is subject to change, delay, cancellation or closure due to inclement weather, preventative maintenance, refurbishment or other operational requirements - detailed particulars can be obtained by contacting US directly. 

INTELLECTUAL PROPERTY RIGHTS

The contents of the Website, such as graphics, logos, information, text, video clips, material, software or advertisements ("Content") is owned by US unless stated otherwise and protected by Australian and international copyright and trademark law. Without OUR express permission the Content must not be modified, copied, reproduced, republished, framed, uploaded, posted, transmitted or distributed in any way except as expressly provided on the Website however you may download, store in cache, display, print and copy material in a complete and unaltered form for your own personal, non-commercial use provided that you: 

a. keep intact all copyright and trademark notices (see below); & 

b. do not use the material in any manner that suggests an association with any Topgolf products, services or brands. 

Provided the above conditions are followed, you may use the material on the Website for the purposes of research or study provided your use is fair (It is deemed fair to reproduce no more than 10% of the number of words on the Website and to only use the material for class use or assessment). 

THIRD PARTY LINKS

The Website contains hyperlinks and other pointers to websites operated by third parties ("Hyperlinked Websites"). Unless otherwise stated at those websites, Hyperlinked Websites are not controlled by US. By using those links you acknowledge and agree that: 

a. WE are not responsible for the contents of any Hyperlinked Websites, or any hyperlink contained in a Hyperlinked Website; 

b. WE provide these hyperlinks to you as a convenience only, and the inclusion of any link does not imply any endorsement of the Hyperlinked Website by US, OUR related bodies corporate, affiliates, corporate partners or licensors; & 

c. you access such Hyperlinked Websites entirely at your own risk. 

GIFT CARDS

Lost, stolen or damaged gift cards cannot be replaced, refunded or redeemed. Gift cards are: - 

a. redeemable for merchandise or services at Topgolf; 

b. not redeemable for cash; 

c. cannot be reloaded; & 

d. expire three (3) years from date of issue. 

When ordering gift cards online, a minimum amount of $10 must be loaded to each card, with a maximum of 4 cards per order. The maximum amount that can be loaded onto an individual card is $500. The total combined value of all gift cards in the order cannot exceed $2,000. 

Digital gift cards (or egift cards) will be sent to the recipient's email address instantly. Be mindful that the recipient may need to check their "Spam" or "Junk" inbox for the digital gift card. 

If you order a physical gift card online then delivery times will be restricted to, but not limited to, OUR shipping relationship with Australia Post. Registered shipping is offered within Australia at a cost of $7.30. Orders will be sent via express post and will be shipped within 5 business days. 

Cash will not be given for any unused balance and if the purchase exceeds the available card balance, the card holder will be required to make up the difference with another payment method. 

Gift cards cannot be used to purchase gift cards. 

When purchasing gift cards online, it is the purchaser's sole responsibility to ensure the postal address or recipient's email address is entered correctly. Any gift cards/certificates not delivered due to a purchaser's error, will not be replaced or refunded. 

Once the card is credited and in your possession you are liable for all transactions on your Topgolf gift card. 

WE do not issue refunds for a change of mind. 

Shipping costs apply to physical gift cards purchased via our online store. 

If you have any reason to believe an error has occurred in relation to your Topgolf gift card or if you have any other questions? Call Us before placing your order on 1300 008 442 or via [email protected]

TRADEMARKS

©2023 Topgolf International, Inc. All rights reserved. 

LIMITATION OF LIABILITY

Any representation, warranty, condition or undertaking that would be implied in these Terms & Conditions by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by law. 

Nothing in these Terms & Conditions excludes, restricts or modifies any condition, warranty, right or remedy which may be conferred by the Competition and Consumer Act 2010 (Cth) that cannot be excluded, restricted or modified by agreement. To the fullest extent permitted by law, OUR liability for a breach of a non-excludable condition or warranty is limited, at OUR option, to: a.  in the case of goods, any one or more of the following: 

-the replacement of the goods or the supply of equivalent goods; 

-the repair of the goods; 

-the payment of the cost of replacing the goods or of acquiring equivalent goods; or 

-the payment of the cost of having the goods repaired; or 

b.  in the case of services: 

-the supplying of the services again; or 

-the payment of the cost of having the services supplied again. 

VARIATION TO TERMS & CONDITIONS

WE may vary these Terms & Conditions at any time. Any variations become effective upon posting on the Website. By using the Website following the posting of a variation of the Terms & Conditions you consent to be bound by the varied terms and conditions 

BAY BOOKING (Bookings for up to 24 guests – Food & Beverage packages) 

Bay Bookings are taken by phone, email or through the enquiry form. Confirmation email will be sent. Deposits are accepted via Sertifi – a secure credit card portal.

EVENT BOOKING (Bookings for 24 guests or more)  

Event Bookings are taken by phone, email or through the enquiry form. Confirmation email will be sent. Deposits are accepted via Sertifi – a secure credit card portal. Completion of Event Agreement required.

MEMBERSHIP TERMS & CONDITIONS Definitions 

Parties 

PARTIES: The purchase of a Membership by an Applicant less than eighteen (18) years of age must be consented to by their parent or guardian. 

Where the Purchaser is buying a Membership for someone else, they must make available to them these Membership Terms and Conditions. The use by the Member of the Membership Card is deemed to be acceptance by the Member of these Membership Terms and Conditions. Where the Member is under eighteen (18) years of age their parent or guardian shall be responsible for the Member complying with these Membership Terms and Conditions. A Corporate Platinum Member shall be responsible for all Authorised Signers complying with these Membership Terms and Conditions and any breach by them shall be deemed to be a breach by the Member. 

Creation and Period of Membership 

Lifetime Membership – upon inserting their email address into the Venus Games Screen, reviewing and accepting the content and payment of the Lifetime Fee, the Applicant is entitled to Lifetime Membership and will be issued with a Membership Card.  

Corporate Platinum Membership - upon completion and return of a signed Corporate Platinum Membership Application and payment of the Fee the Applicant is entitled to the Membership and WE will issue the applicable number of Membership Cards.  A Corporate Platinum Membership lasts for  twelve (12) months from the date the signed application and payment is received.   

Individual Platinum Membership – upon completion and return of a signed Individual Platinum Membership Application and payment of the Fee, the Applicant is entitled to the Membership. A Membership Card will be issued by US. An Individual Platinum Membership lasts for twelve (12) months from the date of signing and payment is received. 

Membership Freeze  Corporate or Individual Platinum Memberships are not able to be frozen or put on hold. 

Payments The Individual Platinum Membership Application Fee, Individual Platinum Membership Fee, Corporate Platinum Membership Fee and Lifetime Fee are non-refundable subject to any requirements at law to the contrary. All payments are required to be made in Australian dollars. Any purchase will be charged in Australian dollars and the Purchaser is solely liable for any currency conversion fee charged. 

Suspension/Termination Membership may be suspended or the Membership Agreement terminated by US for any breach by the Member/Purchaser of the Membership Agreement by giving Notice to the Member (or Purchaser where not the same party as the Member). Where terminated the Membership Card must be surrendered to US, the Member/Purchaser must pay to us all unpaid monies and will not be entitled to receive a refund on any amounts paid for the Membership subject to any requirements at law to the contrary. 

Individual Platinum Membership - Subject to any express rights to the contrary in the Membership Agreement, an Individual Platinum Membership may not be cancelled or the Membership Agreement terminated with effect during the Minimum Term PROVIDED HOWEVER the Membership Agreement may be terminated by US at any time by Notice to the Member/Purchaser if the Individual Platinum Membership Fee has not been paid when due or the Membership Agreement is breached in any way. 

Membership Benefits Subject to compliance with these Membership Terms and Conditions the Member is entitled to the Membership Benefits for the period of the Membership however We: 

-may make reasonable changes to the days and hours that Topgolf is open for business 

-may impose restrictions or limitations on access to Topgolf or facilities located therein at any time 

-may close Topgolf in whole or in part on a permanent or temporary basis due to inclement weather, safety, refurbishment, maintenance, Acts of God, or other reasons 

-reserve the right from time to time to make changes to the Membership Benefits by giving Notice but where WE remove any component of the Membership Benefits we will replace with a component of comparable value and quality. 

Subject to the above, admission to Topgolf shall be allowed during normal advertised operating hours BUT EXCLUDES entry to special events or private functions. A Member must pay independently for all food, beverage and merchandise.  

Membership Card If a Membership Card is stolen or lost the Member must immediately give US Notice as to same and the Replacement Fee shall be payable for a new Membership Card. A Lifetime or Individual Platinum Member must not share or loan their Membership Card at any time. A Corporate Platinum Member must only give a Membership Card to persons authorized by them to use same. 

Conditions of Entry A Member must comply with the Conditions of Entry at Topgolf. If a Member fails to comply then WE may expel the Member from Topgolf. The Member may be prevented access to the Membership Benefits and/or the Membership Agreement may be terminated. No refund will be payable (subject to any requirements at law to the contrary). 

Injury A Member must immediately report any accident or injury suffered at Topgolf to Our staff. 

Damage A Member must pay for damage to Topgolf equipment, premises and third-party property caused by the Member and/or their guest’s careless use of equipment or other intentional or negligent acts. 

New Facilities, Equipment or Membership Programs We may introduce new facilities, equipment or Membership Programs, which may be available to existing Members for an additional fee. 

Membership Programs We reserve the right to suspend, modify or end the Membership Program at our discretion by reasonable prior Notice subject to any requirements at law. 

Changes to Membership Terms and Conditions We may change the Membership Terms and Conditions at any time as may be reasonably necessary by not less than one (1) month’s prior written Notice. If the Member believes they are adversely affected by the change or that the change is unfair the Member may terminate the Membership Agreement by giving Us Notice of termination of the Membership Agreement not more than twenty-one (21) Days after they receive the Notice from Us. If the Member does so then the Membership Agreement shall be will end one (1) month after We gave the Member Notice of the change and We will pay the Member a pro-rata refund of fees.  If We do not receive any Notice of termination of the Membership Agreement from the Member during the twenty-one (21) Day period, then the Membership Agreement shall continue subject to the changes notified. 

Transfer of Membership A Membership is not able to transferred nor is it exchangeable or able to be resold or redeemed for cash.  

Waiver To the extent permitted by law, other than where We are negligent: 

-Members use the Topgolf facilities and equipment (including the parking lot) at their sole risk and agree that they are voluntarily participating in a physical activity and assume all risk of injury, illness and damage to or loss of property that might result, including, without limitation, any loss or theft of any personal property; & 

-WE, our officers, directors, employees, and agents will not be liable for any claims, demands, injuries, damages, actions or causes of actions whatsoever in respect of a Member or a Member’s property (including lost or damaged personal property), arising out of or connected with the use of any of the facilities and equipment at Topgolf. 

Limitation of Liability To the extent permitted by law: 

-We will not be liable for any personal injury or loss suffered or incurred unless We are negligent 

-the Competition and Consumer Act 2010 (Cth) imposes statutory guarantees on Us when We supply goods and services to consumers under the Membership Agreement, however Our liability is limited, where it is reasonable to do so, at Our option to providing the goods or services again or paying the cost of providing the goods or services again and in no instance shall a Member be able to recover incidental and consequential damages as a remedy in the event of any breach of the Membership Agreement by US. 

MISCELLANEOUS

CONTACT: WE may contact the Member about their Membership using the Personal Details provided. If a Member has consented to receiving promotional communications, We may also provide the Member with information about promotions and special offers offered by Us or Our related parties and their brands. If a party wishes to opt out from receiving such information an unsubscribe facility will always accompany any such communications when sent electronically. 

PRIVACY: Where the Personal Details include Personal Information We will only use and disclose same for purposes reasonably contemplated by the Membership Agreement and in accordance with the Privacy Act 1988 and in accordance with the Topgolf Australia Privacy Policy. 

Members and Purchasers agree to give Notice to Us without delay in the event of any change to their contact details (or changed in Authorised Signer in respect of a Corporate Platinum Membership). 

NON WAIVER: No waiver of any provision in the Membership Agreement shall constitute a waiver of any other provision nor shall any waiver constitute a continuing waiver. 

ASSIGNMENT: WE may assign the Membership Agreement and, provided that the assignee agrees to assume Our obligations in the Membership Agreement, then We will be fully relieved of those obligations upon notice to Member and Purchaser of the assignment. A Member may not assign their Membership to another person. 

GOVERNING LAW: The Membership Agreement is governed by the laws of the State of Queensland and the parties agree to be bound by the Courts of Appeal therefrom. 

INVALID PROVISIONS: If any part of the Membership Agreement is found to be invalid or unenforceable, the remainder of the Membership Agreement will remain in full force and effect. 

ENTIRE AGREEMENT: The Membership Agreement incorporates the entire agreement between the Purchaser, Member and US. We reserve the right to modify the Membership Agreement. There are no terms between the parties except as specified in the Membership Agreement. 

Definitions 

“Applicant” means the party whose details are inserted in the pages headed “Customer Details” and “Payment” under the “Direct Debit Request” page under “Platinum Memberships” on the Topgolf website in respect of an Individual Platinum Membership, the party whose details are inserted in the Corporate Platinum Membership Application in respect of a Corporate Platinum Membership or the party who is provided with a Membership Card in the case of a Lifetime Membership. 

“Authorised Signer” means the person nominated as such by the Applicant in the Corporate Platinum Membership Application. 

"Conditions of Entry" means the entry conditions as appearing at Topgolf and at Conditions of Entry. 

“Corporate Platinum Member” means the party holding a Corporate Platinum Membership. 

“Corporate Platinum Membership” means Membership by that name together with the right to the corresponding Membership Benefits. 

“Corporate Platinum Membership Application” means the form by that name issued by US. 

“Corporate Platinum Membership Fee” means the amount of money advised by US from time to time for the purchase of a Corporate Platinum Membership and linked Membership Card(s). 

"Days" means any day other than a public holiday in Queensland. 

"GST" means goods and services tax imposed or to be imposed under the A New Tax System (Goods and Services Tax) Act 1999 (as amended) and any related imposition Acts of the Commonwealth, or any Act in substitute for them. 

“Individual Platinum Member” means the person holding an Individual Platinum Membership. 

“Individual Platinum Membership Application” means the form by that name issued by US.   

“Individual Platinum Membership Application Fee” means the amount of money advised by US from time to time as set out on the Topgolf Website. 

“Lifetime Fee” means the amount of money advised by US from time to time as set out on the Topgolf Website. 

“Lifetime Member” means the person holding a Lifetime Membership. 

“Lifetime Membership” means Membership by that name together with the right to the corresponding Membership Benefits. 

"Member" means a Lifetime Member, an Individual Platinum Member or a Corporate Platinum Member who is issued with a Membership Card. 

"Membership" means either Corporate Platinum Membership, Individual Platinum Membership or Lifetime Membership together with the right to the corresponding Membership Entitlements. 

"Membership Agreement" means these Membership Terms and Conditions together with the Corporate Platinum Membership Application, Individual Platinum Membership Application, the Membership Benefits as applicable. 

"Membership Benefits" means the benefits set out on OUR Website. 

"Membership Card" means the card or similar provided to the Member by US. 

"Membership Terms and Conditions" means this document. 

“Membership Program” means the provision of Memberships and corresponding Membership Benefits by US. 

"Minimum Term" means twelve (12) months. 

"Notice" means communication by telephone or email. 

"Personal Details" means information about a person when that person’s identity can be linked to that information. 

"Personal Information" has the meaning ascribed to it by the Privacy Act 1988. 

"Purchaser" means the person whose identity is inserted in respect of an Individual Platinum Membership and as otherwise provided in respect of the purchase of Membership. 

“Replacement Fee” means the amount of money advised by US from time to time as set out on the Topgolf Website. 

“Start Date” means the date when the Membership Card is issued. 

"Topgolf" means in some contexts the premises by that name situated at cnr. Roadshow Way and Entertainment Drive, Oxenford in the State of Queensland 4210. 

“Topgolf Website” means www.topgolf.com.au

“Venus Games Screen” means the electronic screen situated at each driving bay at Topgolf. 

"We, Us or Our, Topgolf" means Village Golf Australia Pty Ltd ABN 54 615 018 865 as agent for TG-VR Australia Joint Venture c/of Topgolf Golf Coast, cnr. Roadshow Way and Entertainment Drive, Oxenford in the State of Queensland Australia 4210. 

“You, Your, Yours or Guest” means guests or clients of Topgolf 

Competitions

Topgolf Gold Coast Red Ball Competition Terms and Conditions

“The competition” refers to the Red Ball Competition, conducted by Village Golf Australia Pty Ltd ABN 54 615 018 865 as agent for TG-VR Australia Joint Venture, the operator of Topgolf Gold Coast.

The competition described in these terms is a game of chance.

Over the competition period, there will be 1,000 red golf balls placed throughout Topgolf Gold Coast’s active ball dispensers. Once all of the red golf balls have been dispensed and the prize pool has been exhausted, the competition will end.

All guests who register to play Topgolf using a Topgolf Lifetime Membership at Topgolf Gold Coast from Sunday 7th April until Sunday 12th May 2024, or until the prize pool is exhausted, will be automatic entrants in the competition. Should the Topgolf Lifetime Member be a minor under the age of 18, their parents will be responsible for claiming any instant prizes awarded to them. In all other cases, the prize will be awarded to the Topgolf Lifetime Member registered to have a red golf ball dispensed to them by the gaming system. The Topgolf Lifetime Member must be present during their game play in order to claim their prize.

A Topgolf Lifetime Member that is dispensed a red golf ball is automatically a winner. All winners are required to approach the Lobby Service Desk at check-in on Level 2 and surrender the red golf ball to redeem their prize.

The following prizes will be distributed in a random order:

• 185 x Free Soft Drink valued at $6 AUD each.

• 173 x Topgolf $10 Off Voucher valued at $10 AUD each.

• 12 x Callaway Towel valued at $44.99 AUD each.

• 48 x Callaway Caps valued at $44.99 AUD each.

• 48 x Chrome Tour Balls valued at $23.75 AUD each.

• 1 x Coca-Cola Tent valued at $528 AUD each

• 10x Movie World Single Day Pass valued at $115 AUD each.

• 225x Coca-Cola Flat Caps valued at $45 AUD each.

• 50x Coca-Cola Beach Towel valued at $35 AUD each.

• 16x Coca-Cola Retro Cooler valued at $67 AUD each.

• 225x Coca-Cola Cooler Bags valued at $25 AUD each.

• For the major prizes there will be 6 x Callaway Paradym Drivers (valued at $1,100 each) which will be given at random during the competition period. One prize per player.

• 1 x $5,000 cash prize rewarded to the 1000th player who dispenses a red ball.

Total prize pool is valued at $38, 529.40

Total is 1,000 prizes

Prizes must be redeemed during the Topgolf Lifetime Member’s visit in which the red golf ball was dispensed.

Prizes can only be redeemed in a single transaction and cannot be sold or exchanged for cash.

DISCONTINUED COMPETITIONS

TOPGOLF SOUTHERN COMFORT X TWILIGHT ROUNDS

Overview:

Topgolf Southern Comfort x Twilight Rounds in association with the PGA is to be held on Friday 22 March 2024 from 4:00pm – 7:00pm on Level 3 at Topgolf Gold Coast.

Bus transfers return from Surfers Paradise are available at an additional cost of $10 per person and are non-refundable. Subject to availability and must be reserved at time of booking. Pick up from 1 Cypress Ave, Surfers Paradise at 3:20pm, depart Topgolf at 7:15pm.

4:00pm-4:30pm – Arrival of guests and MC. Pro to announce Topgolf game play and rules.

4:30pm-6:30pm – Topgolf play

6:30pm -7:00pm – Prizes / End

Booking entitles each player to Topgolf game play and bay hire during event, 1 x lifetime membership, 1 x SoCo cocktail and snacks on arrival.

Players participate in the Southern Comfort x Twilight Rounds as an individual within an assigned bay of up to six (6) players selected at the time of registration. Each player must meet the eligibility requirements below. Promoter assumes no responsibility for, any disputes among players regarding any aspect of the competition. If any such dispute interfere with the competition, the applicable player(s) may be disqualified from the competition at Promoter’s discretion. The winner of the round will be the player with the highest average score across one game of Topgolf.

How To Register:

Online Registration:

Players must first register via the online form at https://topgolf.com.au/southern-comfort-twilight-event and will be contacted by the Promoter to confirm the booking.

Registration for the competition commences at 9:00am Monday 26 February 2024. Promoter will accept up to 180 players to participate in the competition. Bay allocations will be at Promoter’s discretion. Registration is on a first-come, first served basis and will end the earlier of:

when Promoter is satisfied as to the number of players that have registered; or

5:00 PMAEST on 21st March 2024.

Registration fee is $55.00 per player.

Payment is required in full at time of booking. If a person pays the registrations fees for other players (Entrant), it is the responsibility of the Entrant to seek reimbursement from the players they have paid for.

Registration Cancellation Policy

If booking is cancelled no later than seven (7) days prior to the competition a 100% refund will be available.

No refunds will be given if to cancellations less than seven (7) days prior to the competition.

Cancellations must be emailed to email [email protected]. If there is a dispute over who submitted a registration, the “authorized account subscriber” of the e-mail account used to register for the competition at the time of registration will be recognised as the Entrant and allocated any refund.

Right of Promoter to cancel competition

Promoter reserves the right to cancel the competition up to 48 hours prior to the time/date of the event. Players will be contacted and offered an alternate package (subject to availability). If an alternative package is accepted any registration fees paid for the competition will be credited towards the cost of alternate package and balance refunded.

Eligibility

The Competition is open to persons who are:

physically residing in Australia;

at least eighteen (18) years of age as of the date of the Competition; and

not current members of any professional golf tour including the ISPS HANDA PGA Tour of Australasia, PGA TOUR, LPGA TOUR, European Tour, and/or the Ladies European Tour, i.e. full-time status or conditional status, unless Promoter has granted a waiver.

In addition, players must not be a party to any agreement that might present a conflict or interfere with their participation in the competition. Including membership in any guild or union that may prohibit them from participating fully in the competition or from allowing Promoter to use or license any photographs or footage that includes the individual. Promoter reserves the right, at its discretion, to disqualify any participant who is under any agreement which Promoter believes to conflict with the participation in the competition.

Employees, agents, officers of Village Golf Australia Pty Ltd as agent for TG-VR Australia Joint Venture (“Promoter”) and their respective parent companies, affiliated companies and subsidiaries and their immediate families (i.e. parents, spouse, siblings, children, grandparents, step parents, step children and step siblings, and their respective spouses, and those living in the same household, whether or not related) are not eligible to participate in the Competition.

By participating in the competition players:

(a) agree to be bound by these terms and conditions and by the decisions of Promoter which are final and binding;

(b) acknowledge compliance with these terms and conditions;

(c) confirm that he or she meets all the eligibility criteria in these terms and conditions;

(d) agree to comply with any applicable federal, state and local laws, and

(e) agree to hold harmless the Promoter from and against any claims relating to participation in the competition and/or the use, misuse or redemption of the Prizes and for any claim including claims based on defamation, publicity rights, invasion of privacy, copyright infringement, trademark infringement, or any other intellectual property related or other cause of action.

Competition Rules

All bay assignments will be determined by Promoter in a random manner prior to commencement of match play.

All players are required to bring photo identification.

All players must hit their shots in the order directed by the game type. Any players caught hitting out of order will be eliminated from the competition.

Only the competition designated bay auditor is allowed to make ball edits to the screen. All ball edits must be made prior to the next shot. Any edits that are requested once another ball has been hit will be denied.

All players in a bay will attempt to agree to the change in score for the ball edit to be made by the bay auditor. If all players cannot reach an agreement, the bay auditor will make the final decision.

Any players making ball edits on their game panel will be eliminated from the competition.

Games must be completed within the two-hour period. Players will be notified at the following time markers of how much game time is remaining:

a. 15 minutes

b. 10 minutes

c. 5 minutes

d. 2 minutes

All balls not played prior to the time limit expiring will be recorded as zeros.

Any outside use of technology devices such as rangefinders of electronic measuring devices is not allowed. Any such use will cause for immediate elimination from the competition.

Anyone behaving in a disorderly or disruptive manner, breaking, or attempting to break the game play rules or cheating or attempting to cheat, may be asked to leave the premises and be disqualified from the competition as determined by Promoter at its discretion.

In the event of a tie during the competition, the Promoter will determine the winner based on sudden death shots. Each tied player will take a shot. The player with the highest score will be the winner. If the first shot is a tie, players will rotate and continue this process until a winner is determined.

Prizes

First place prize: 1 x Callaway Golf Bag valued at $400

Promoter reserves the right to substitute any prize with another prize of equal or greater value.

PGA Premium prizes:

There are two premium prizes to attend the 2024 Fortinet Australian PGA Championship Southern Comfort Party Shack in Queensland.

These will be awarded by the PGA for two randomly drawn players from the Southern Comfort x Twilight Rounds.

Prize includes:

Return economy airfare for the player and their guest to Brisbane from their nearest major city

Two nights twin share accommodation

Two tickets to the 2024 Fortinet Australian PGA Championship Southern Comfort Party Shack (5-hour food and beverage package)

Topgolf Gold Coast is not responsible for the PGA Premium Prizes and is organized by PGA.

The PGA must only disclose your sensitive information with your consent or as required by law. They may disclose your personal information to entities outside of Australia, for the purpose of providing, for example, online services where relevant, including data hosting and cloud-based IT service providers. [AK1]

Publicity Release:

By participating in the competition, each player grants to Promoter and its representatives, the right to interview, film and photograph the participant (“Images”). These Images will be owned by the Promoter. Promoter shall have the right to use any Images as they see fit, along with prize information, address, and any other attributes of the player, individually or with others, for the purpose of promotion in perpetuity, without additional compensation, notification or approval, except where prohibited by law.

Privacy

All information submitted by players to Promoter is subject to Topgolf’s Privacy Policy accessible at https://topgolf.com.au/privacy-policy. By participating in the competition, players agree that Topgolf may collect and use their personal information in compliance with its privacy policy and acknowledge that they have read and accepted the Topgolf Privacy Policy.

Promoter:

The Competition is promoted by Village Golf Australia Pty Ltd as agent for TG-VR Australia Joint Venture trading as Topgolf Gold Coast, Cnr Roadshow Way and Entertainment Road, Oxenford QLD, 4210 Australia.

EXPAND ALL

GENERAL

What is Topgolf?

Topgolf is a premier golf entertainment complex where the competition of sport meets your favourite local hangout. picture a 190 metre outfield with dartboard-like targets in the ground. The closer to the centre or “bull’s-eye” you get and the farther out you hit your microchipped balls, the more points you receive. Score even bigger with Topgolf’s extensive food and beverage menu that is sure to impress even the pickiest foodies. It’s not golf – it’s Topgolf. Give it a shot!

How old do I need to be to visit Topgolf?

Topgolf is family friendly, so children are welcome at any time under adult supervision. The following restrictions are in place for the safety of our guests:

- Guests aged 16 or under require a responsible adult, 18 or over, to enter Topgolf at any time.

- Guests aged 17 or under need a responsible adult, 18 or over, to enter Topgolf after 5pm.

Responsible adult is identified as:

- a parent

- a step-parent or guardian

- an adult who has 'parental rights, duties and responsibilities' in relation to the minor.

Why do I need a membership card?

Every player needs a membership card to compete. Our once off Lifetime Membership fee is only $5 and provides expedited check in at the bay, club rental and keeps you updated with special offers and events.

Can I make a reservation?

You can reserve a single bay up to 14 days in advance and be added to the top of the waitlist on your selected date and time.

Alternatively, we have packages that include 2 hours of bay hire, a food and beverage credit, and Lifetime Memberships. Learn more here.

If you’re looking to host a party or event, you can find more info here contact our friendly team!

I am trying to reserve a single bay online however my preferred time isn’t available?

If a time/date is not showing, it means all bays have already been reserved at that particular time. We still welcome walk-in guests who will be assigned the next available bay.

Do you accept walk-ins?

Yes! Topgolf welcomes walk-in guests and will be assigned the next available bay.

How do the game and technology work?

Our technology is top secret, but the game itself is simple. Think of it like bowling or darts, but for golf! When it’s your turn, you hit a golf ball containing a personalised microchip into one of 11 targets ranging from 25 to 190 metres away. Every section of every target has a reader that detects the microchip in your clever golf ball. That reader computes your score based on the accuracy and distance of the shot and then sends the score to your bay screen. No pencil and paper needed to keep score in this game!

Is the game virtual?

There’s nothing virtual about Topgolf! You use real clubs to hit regular golf balls onto our state-of-the-art outfield.

PS – If you want to play the best virtual game, download WGT Golf here.

Who invented Topgolf?

The smartest people in the world! Actually, it was two dudes, brothers in fact, who were bored on a driving range in North London, England and wishing they could tell exactly how far and how close to the pin their shots were. “What if,” turned into “this is awesome!”

The Great Irony: the idea came from hardcore golfers looking to improve their game, but more than half of all Topgolf guests describe themselves as non-golfers. The concept appeals both to avid golf fans and brand-new players, several million and counting, who love how easy it is to play.

DISCONTINUED COMPETITIONS

TOPGOLF SOUTHERN COMFORT X TWILIGHT ROUNDS

Overview:

Topgolf Southern Comfort x Twilight Rounds in association with the PGA is to be held on Friday 22 March 2024 from 4:00pm – 7:00pm on Level 3 at Topgolf Gold Coast.

Bus transfers return from Surfers Paradise are available at an additional cost of $10 per person and are non-refundable. Subject to availability and must be reserved at time of booking. Pick up from 1 Cypress Ave, Surfers Paradise at 3:20pm, depart Topgolf at 7:15pm.

4:00pm-4:30pm – Arrival of guests and MC. Pro to announce Topgolf game play and rules.

4:30pm-6:30pm – Topgolf play

6:30pm -7:00pm – Prizes / End

Booking entitles each player to Topgolf game play and bay hire during event, 1 x lifetime membership, 1 x SoCo cocktail and snacks on arrival.

Players participate in the Southern Comfort x Twilight Rounds as an individual within an assigned bay of up to six (6) players selected at the time of registration. Each player must meet the eligibility requirements below. Promoter assumes no responsibility for, any disputes among players regarding any aspect of the competition. If any such dispute interfere with the competition, the applicable player(s) may be disqualified from the competition at Promoter’s discretion. The winner of the round will be the player with the highest average score across one game of Topgolf.

How To Register:

Online Registration:

Players must first register via the online form at https://topgolf.com.au/southern-comfort-twilight-event and will be contacted by the Promoter to confirm the booking.

Registration for the competition commences at 9:00am Monday 26 February 2024. Promoter will accept up to 180 players to participate in the competition. Bay allocations will be at Promoter’s discretion. Registration is on a first-come, first served basis and will end the earlier of:

when Promoter is satisfied as to the number of players that have registered; or

5:00 PMAEST on 21st March 2024.

Registration fee is $55.00 per player.

Payment is required in full at time of booking. If a person pays the registrations fees for other players (Entrant), it is the responsibility of the Entrant to seek reimbursement from the players they have paid for.

Registration Cancellation Policy

If booking is cancelled no later than seven (7) days prior to the competition a 100% refund will be available.

No refunds will be given if to cancellations less than seven (7) days prior to the competition.

Cancellations must be emailed to email [email protected]. If there is a dispute over who submitted a registration, the “authorized account subscriber” of the e-mail account used to register for the competition at the time of registration will be recognised as the Entrant and allocated any refund.

Right of Promoter to cancel competition

Promoter reserves the right to cancel the competition up to 48 hours prior to the time/date of the event. Players will be contacted and offered an alternate package (subject to availability). If an alternative package is accepted any registration fees paid for the competition will be credited towards the cost of alternate package and balance refunded.

Eligibility

The Competition is open to persons who are:

physically residing in Australia;

at least eighteen (18) years of age as of the date of the Competition; and

not current members of any professional golf tour including the ISPS HANDA PGA Tour of Australasia, PGA TOUR, LPGA TOUR, European Tour, and/or the Ladies European Tour, i.e. full-time status or conditional status, unless Promoter has granted a waiver.

In addition, players must not be a party to any agreement that might present a conflict or interfere with their participation in the competition. Including membership in any guild or union that may prohibit them from participating fully in the competition or from allowing Promoter to use or license any photographs or footage that includes the individual. Promoter reserves the right, at its discretion, to disqualify any participant who is under any agreement which Promoter believes to conflict with the participation in the competition.

Employees, agents, officers of Village Golf Australia Pty Ltd as agent for TG-VR Australia Joint Venture (“Promoter”) and their respective parent companies, affiliated companies and subsidiaries and their immediate families (i.e. parents, spouse, siblings, children, grandparents, step parents, step children and step siblings, and their respective spouses, and those living in the same household, whether or not related) are not eligible to participate in the Competition.

By participating in the competition players:

(a) agree to be bound by these terms and conditions and by the decisions of Promoter which are final and binding;

(b) acknowledge compliance with these terms and conditions;

(c) confirm that he or she meets all the eligibility criteria in these terms and conditions;

(d) agree to comply with any applicable federal, state and local laws, and

(e) agree to hold harmless the Promoter from and against any claims relating to participation in the competition and/or the use, misuse or redemption of the Prizes and for any claim including claims based on defamation, publicity rights, invasion of privacy, copyright infringement, trademark infringement, or any other intellectual property related or other cause of action.

Competition Rules

All bay assignments will be determined by Promoter in a random manner prior to commencement of match play.

All players are required to bring photo identification.

All players must hit their shots in the order directed by the game type. Any players caught hitting out of order will be eliminated from the competition.

Only the competition designated bay auditor is allowed to make ball edits to the screen. All ball edits must be made prior to the next shot. Any edits that are requested once another ball has been hit will be denied.

All players in a bay will attempt to agree to the change in score for the ball edit to be made by the bay auditor. If all players cannot reach an agreement, the bay auditor will make the final decision.

Any players making ball edits on their game panel will be eliminated from the competition.

Games must be completed within the two-hour period. Players will be notified at the following time markers of how much game time is remaining:

a. 15 minutes

b. 10 minutes

c. 5 minutes

d. 2 minutes

All balls not played prior to the time limit expiring will be recorded as zeros.

Any outside use of technology devices such as rangefinders of electronic measuring devices is not allowed. Any such use will cause for immediate elimination from the competition.

Anyone behaving in a disorderly or disruptive manner, breaking, or attempting to break the game play rules or cheating or attempting to cheat, may be asked to leave the premises and be disqualified from the competition as determined by Promoter at its discretion.

In the event of a tie during the competition, the Promoter will determine the winner based on sudden death shots. Each tied player will take a shot. The player with the highest score will be the winner. If the first shot is a tie, players will rotate and continue this process until a winner is determined.

Prizes

First place prize: 1 x Callaway Golf Bag valued at $400

Promoter reserves the right to substitute any prize with another prize of equal or greater value.

PGA Premium prizes:

There are two premium prizes to attend the 2024 Fortinet Australian PGA Championship Southern Comfort Party Shack in Queensland.

These will be awarded by the PGA for two randomly drawn players from the Southern Comfort x Twilight Rounds.

Prize includes:

Return economy airfare for the player and their guest to Brisbane from their nearest major city

Two nights twin share accommodation

Two tickets to the 2024 Fortinet Australian PGA Championship Southern Comfort Party Shack (5-hour food and beverage package)

Topgolf Gold Coast is not responsible for the PGA Premium Prizes and is organized by PGA.

The PGA must only disclose your sensitive information with your consent or as required by law. They may disclose your personal information to entities outside of Australia, for the purpose of providing, for example, online services where relevant, including data hosting and cloud-based IT service providers. [AK1]

Publicity Release:

By participating in the competition, each player grants to Promoter and its representatives, the right to interview, film and photograph the participant (“Images”). These Images will be owned by the Promoter. Promoter shall have the right to use any Images as they see fit, along with prize information, address, and any other attributes of the player, individually or with others, for the purpose of promotion in perpetuity, without additional compensation, notification or approval, except where prohibited by law.

Privacy

All information submitted by players to Promoter is subject to Topgolf’s Privacy Policy accessible at https://topgolf.com.au/privacy-policy. By participating in the competition, players agree that Topgolf may collect and use their personal information in compliance with its privacy policy and acknowledge that they have read and accepted the Topgolf Privacy Policy.

Promoter:

The Competition is promoted by Village Golf Australia Pty Ltd as agent for TG-VR Australia Joint Venture trading as Topgolf Gold Coast, Cnr Roadshow Way and Entertainment Road, Oxenford QLD, 4210 Australia.

Competitions

Topgolf Gold Coast Red Ball Competition Terms and Conditions

“The competition” refers to the Red Ball Competition, conducted by Village Golf Australia Pty Ltd ABN 54 615 018 865 as agent for TG-VR Australia Joint Venture, the operator of Topgolf Gold Coast.

The competition described in these terms is a game of chance.

Over the competition period, there will be 1,000 red golf balls placed throughout Topgolf Gold Coast’s active ball dispensers. Once all of the red golf balls have been dispensed and the prize pool has been exhausted, the competition will end.

All guests who register to play Topgolf using a Topgolf Lifetime Membership at Topgolf Gold Coast from Sunday 7th April until Sunday 12th May 2024, or until the prize pool is exhausted, will be automatic entrants in the competition. Should the Topgolf Lifetime Member be a minor under the age of 18, their parents will be responsible for claiming any instant prizes awarded to them. In all other cases, the prize will be awarded to the Topgolf Lifetime Member registered to have a red golf ball dispensed to them by the gaming system. The Topgolf Lifetime Member must be present during their game play in order to claim their prize.

A Topgolf Lifetime Member that is dispensed a red golf ball is automatically a winner. All winners are required to approach the Lobby Service Desk at check-in on Level 2 and surrender the red golf ball to redeem their prize.

The following prizes will be distributed in a random order:

• 185 x Free Soft Drink valued at $6 AUD each.

• 173 x Topgolf $10 Off Voucher valued at $10 AUD each.

• 12 x Callaway Towel valued at $44.99 AUD each.

• 48 x Callaway Caps valued at $44.99 AUD each.

• 48 x Chrome Tour Balls valued at $23.75 AUD each.

• 1 x Coca-Cola Tent valued at $528 AUD each

• 10x Movie World Single Day Pass valued at $115 AUD each.

• 225x Coca-Cola Flat Caps valued at $45 AUD each.

• 50x Coca-Cola Beach Towel valued at $35 AUD each.

• 16x Coca-Cola Retro Cooler valued at $67 AUD each.

• 225x Coca-Cola Cooler Bags valued at $25 AUD each.

• For the major prizes there will be 6 x Callaway Paradym Drivers (valued at $1,100 each) which will be given at random during the competition period. One prize per player.

• 1 x $5,000 cash prize rewarded to the 1000th player who dispenses a red ball.

Total prize pool is valued at $38, 529.40

Total is 1,000 prizes

Prizes must be redeemed during the Topgolf Lifetime Member’s visit in which the red golf ball was dispensed.

Prizes can only be redeemed in a single transaction and cannot be sold or exchanged for cash.

VARIATION TO TERMS & CONDITIONS

WE may vary these Terms & Conditions at any time. Any variations become effective upon posting on the Website. By using the Website following the posting of a variation of the Terms & Conditions you consent to be bound by the varied terms and conditions 

BAY BOOKING (Bookings for up to 24 guests – Food & Beverage packages) 

Bay Bookings are taken by phone, email or through the enquiry form. Confirmation email will be sent. Deposits are accepted via Sertifi – a secure credit card portal.

EVENT BOOKING (Bookings for 24 guests or more)  

Event Bookings are taken by phone, email or through the enquiry form. Confirmation email will be sent. Deposits are accepted via Sertifi – a secure credit card portal. Completion of Event Agreement required.

MEMBERSHIP TERMS & CONDITIONS Definitions 

Parties 

PARTIES: The purchase of a Membership by an Applicant less than eighteen (18) years of age must be consented to by their parent or guardian. 

Where the Purchaser is buying a Membership for someone else, they must make available to them these Membership Terms and Conditions. The use by the Member of the Membership Card is deemed to be acceptance by the Member of these Membership Terms and Conditions. Where the Member is under eighteen (18) years of age their parent or guardian shall be responsible for the Member complying with these Membership Terms and Conditions. A Corporate Platinum Member shall be responsible for all Authorised Signers complying with these Membership Terms and Conditions and any breach by them shall be deemed to be a breach by the Member. 

Creation and Period of Membership 

Lifetime Membership – upon inserting their email address into the Venus Games Screen, reviewing and accepting the content and payment of the Lifetime Fee, the Applicant is entitled to Lifetime Membership and will be issued with a Membership Card.  

Corporate Platinum Membership - upon completion and return of a signed Corporate Platinum Membership Application and payment of the Fee the Applicant is entitled to the Membership and WE will issue the applicable number of Membership Cards.  A Corporate Platinum Membership lasts for  twelve (12) months from the date the signed application and payment is received.   

Individual Platinum Membership – upon completion and return of a signed Individual Platinum Membership Application and payment of the Fee, the Applicant is entitled to the Membership. A Membership Card will be issued by US. An Individual Platinum Membership lasts for twelve (12) months from the date of signing and payment is received. 

Membership Freeze  Corporate or Individual Platinum Memberships are not able to be frozen or put on hold. 

Payments The Individual Platinum Membership Application Fee, Individual Platinum Membership Fee, Corporate Platinum Membership Fee and Lifetime Fee are non-refundable subject to any requirements at law to the contrary. All payments are required to be made in Australian dollars. Any purchase will be charged in Australian dollars and the Purchaser is solely liable for any currency conversion fee charged. 

Suspension/Termination Membership may be suspended or the Membership Agreement terminated by US for any breach by the Member/Purchaser of the Membership Agreement by giving Notice to the Member (or Purchaser where not the same party as the Member). Where terminated the Membership Card must be surrendered to US, the Member/Purchaser must pay to us all unpaid monies and will not be entitled to receive a refund on any amounts paid for the Membership subject to any requirements at law to the contrary. 

Individual Platinum Membership - Subject to any express rights to the contrary in the Membership Agreement, an Individual Platinum Membership may not be cancelled or the Membership Agreement terminated with effect during the Minimum Term PROVIDED HOWEVER the Membership Agreement may be terminated by US at any time by Notice to the Member/Purchaser if the Individual Platinum Membership Fee has not been paid when due or the Membership Agreement is breached in any way. 

Membership Benefits Subject to compliance with these Membership Terms and Conditions the Member is entitled to the Membership Benefits for the period of the Membership however We: 

-may make reasonable changes to the days and hours that Topgolf is open for business 

-may impose restrictions or limitations on access to Topgolf or facilities located therein at any time 

-may close Topgolf in whole or in part on a permanent or temporary basis due to inclement weather, safety, refurbishment, maintenance, Acts of God, or other reasons 

-reserve the right from time to time to make changes to the Membership Benefits by giving Notice but where WE remove any component of the Membership Benefits we will replace with a component of comparable value and quality. 

Subject to the above, admission to Topgolf shall be allowed during normal advertised operating hours BUT EXCLUDES entry to special events or private functions. A Member must pay independently for all food, beverage and merchandise.  

Membership Card If a Membership Card is stolen or lost the Member must immediately give US Notice as to same and the Replacement Fee shall be payable for a new Membership Card. A Lifetime or Individual Platinum Member must not share or loan their Membership Card at any time. A Corporate Platinum Member must only give a Membership Card to persons authorized by them to use same. 

Conditions of Entry A Member must comply with the Conditions of Entry at Topgolf. If a Member fails to comply then WE may expel the Member from Topgolf. The Member may be prevented access to the Membership Benefits and/or the Membership Agreement may be terminated. No refund will be payable (subject to any requirements at law to the contrary). 

Injury A Member must immediately report any accident or injury suffered at Topgolf to Our staff. 

Damage A Member must pay for damage to Topgolf equipment, premises and third-party property caused by the Member and/or their guest’s careless use of equipment or other intentional or negligent acts. 

New Facilities, Equipment or Membership Programs We may introduce new facilities, equipment or Membership Programs, which may be available to existing Members for an additional fee. 

Membership Programs We reserve the right to suspend, modify or end the Membership Program at our discretion by reasonable prior Notice subject to any requirements at law. 

Changes to Membership Terms and Conditions We may change the Membership Terms and Conditions at any time as may be reasonably necessary by not less than one (1) month’s prior written Notice. If the Member believes they are adversely affected by the change or that the change is unfair the Member may terminate the Membership Agreement by giving Us Notice of termination of the Membership Agreement not more than twenty-one (21) Days after they receive the Notice from Us. If the Member does so then the Membership Agreement shall be will end one (1) month after We gave the Member Notice of the change and We will pay the Member a pro-rata refund of fees.  If We do not receive any Notice of termination of the Membership Agreement from the Member during the twenty-one (21) Day period, then the Membership Agreement shall continue subject to the changes notified. 

Transfer of Membership A Membership is not able to transferred nor is it exchangeable or able to be resold or redeemed for cash.  

Waiver To the extent permitted by law, other than where We are negligent: 

-Members use the Topgolf facilities and equipment (including the parking lot) at their sole risk and agree that they are voluntarily participating in a physical activity and assume all risk of injury, illness and damage to or loss of property that might result, including, without limitation, any loss or theft of any personal property; & 

-WE, our officers, directors, employees, and agents will not be liable for any claims, demands, injuries, damages, actions or causes of actions whatsoever in respect of a Member or a Member’s property (including lost or damaged personal property), arising out of or connected with the use of any of the facilities and equipment at Topgolf. 

Limitation of Liability To the extent permitted by law: 

-We will not be liable for any personal injury or loss suffered or incurred unless We are negligent 

-the Competition and Consumer Act 2010 (Cth) imposes statutory guarantees on Us when We supply goods and services to consumers under the Membership Agreement, however Our liability is limited, where it is reasonable to do so, at Our option to providing the goods or services again or paying the cost of providing the goods or services again and in no instance shall a Member be able to recover incidental and consequential damages as a remedy in the event of any breach of the Membership Agreement by US. 

MISCELLANEOUS

CONTACT: WE may contact the Member about their Membership using the Personal Details provided. If a Member has consented to receiving promotional communications, We may also provide the Member with information about promotions and special offers offered by Us or Our related parties and their brands. If a party wishes to opt out from receiving such information an unsubscribe facility will always accompany any such communications when sent electronically. 

PRIVACY: Where the Personal Details include Personal Information We will only use and disclose same for purposes reasonably contemplated by the Membership Agreement and in accordance with the Privacy Act 1988 and in accordance with the Topgolf Australia Privacy Policy. 

Members and Purchasers agree to give Notice to Us without delay in the event of any change to their contact details (or changed in Authorised Signer in respect of a Corporate Platinum Membership). 

NON WAIVER: No waiver of any provision in the Membership Agreement shall constitute a waiver of any other provision nor shall any waiver constitute a continuing waiver. 

ASSIGNMENT: WE may assign the Membership Agreement and, provided that the assignee agrees to assume Our obligations in the Membership Agreement, then We will be fully relieved of those obligations upon notice to Member and Purchaser of the assignment. A Member may not assign their Membership to another person. 

GOVERNING LAW: The Membership Agreement is governed by the laws of the State of Queensland and the parties agree to be bound by the Courts of Appeal therefrom. 

INVALID PROVISIONS: If any part of the Membership Agreement is found to be invalid or unenforceable, the remainder of the Membership Agreement will remain in full force and effect. 

ENTIRE AGREEMENT: The Membership Agreement incorporates the entire agreement between the Purchaser, Member and US. We reserve the right to modify the Membership Agreement. There are no terms between the parties except as specified in the Membership Agreement. 

Definitions 

“Applicant” means the party whose details are inserted in the pages headed “Customer Details” and “Payment” under the “Direct Debit Request” page under “Platinum Memberships” on the Topgolf website in respect of an Individual Platinum Membership, the party whose details are inserted in the Corporate Platinum Membership Application in respect of a Corporate Platinum Membership or the party who is provided with a Membership Card in the case of a Lifetime Membership. 

“Authorised Signer” means the person nominated as such by the Applicant in the Corporate Platinum Membership Application. 

"Conditions of Entry" means the entry conditions as appearing at Topgolf and at Conditions of Entry. 

“Corporate Platinum Member” means the party holding a Corporate Platinum Membership. 

“Corporate Platinum Membership” means Membership by that name together with the right to the corresponding Membership Benefits. 

“Corporate Platinum Membership Application” means the form by that name issued by US. 

“Corporate Platinum Membership Fee” means the amount of money advised by US from time to time for the purchase of a Corporate Platinum Membership and linked Membership Card(s). 

"Days" means any day other than a public holiday in Queensland. 

"GST" means goods and services tax imposed or to be imposed under the A New Tax System (Goods and Services Tax) Act 1999 (as amended) and any related imposition Acts of the Commonwealth, or any Act in substitute for them. 

“Individual Platinum Member” means the person holding an Individual Platinum Membership. 

“Individual Platinum Membership Application” means the form by that name issued by US.   

“Individual Platinum Membership Application Fee” means the amount of money advised by US from time to time as set out on the Topgolf Website. 

“Lifetime Fee” means the amount of money advised by US from time to time as set out on the Topgolf Website. 

“Lifetime Member” means the person holding a Lifetime Membership. 

“Lifetime Membership” means Membership by that name together with the right to the corresponding Membership Benefits. 

"Member" means a Lifetime Member, an Individual Platinum Member or a Corporate Platinum Member who is issued with a Membership Card. 

"Membership" means either Corporate Platinum Membership, Individual Platinum Membership or Lifetime Membership together with the right to the corresponding Membership Entitlements. 

"Membership Agreement" means these Membership Terms and Conditions together with the Corporate Platinum Membership Application, Individual Platinum Membership Application, the Membership Benefits as applicable. 

"Membership Benefits" means the benefits set out on OUR Website. 

"Membership Card" means the card or similar provided to the Member by US. 

"Membership Terms and Conditions" means this document. 

“Membership Program” means the provision of Memberships and corresponding Membership Benefits by US. 

"Minimum Term" means twelve (12) months. 

"Notice" means communication by telephone or email. 

"Personal Details" means information about a person when that person’s identity can be linked to that information. 

"Personal Information" has the meaning ascribed to it by the Privacy Act 1988. 

"Purchaser" means the person whose identity is inserted in respect of an Individual Platinum Membership and as otherwise provided in respect of the purchase of Membership. 

“Replacement Fee” means the amount of money advised by US from time to time as set out on the Topgolf Website. 

“Start Date” means the date when the Membership Card is issued. 

"Topgolf" means in some contexts the premises by that name situated at cnr. Roadshow Way and Entertainment Drive, Oxenford in the State of Queensland 4210. 

“Topgolf Website” means www.topgolf.com.au

“Venus Games Screen” means the electronic screen situated at each driving bay at Topgolf. 

"We, Us or Our, Topgolf" means Village Golf Australia Pty Ltd ABN 54 615 018 865 as agent for TG-VR Australia Joint Venture c/of Topgolf Golf Coast, cnr. Roadshow Way and Entertainment Drive, Oxenford in the State of Queensland Australia 4210. 

“You, Your, Yours or Guest” means guests or clients of Topgolf 

Terms of Use

CONDITIONS OF ENTRY 

WE will not be liable for any personal injury or loss where negligence cannot be attributed to US. 

WE reserve the right to deny admission to persons under the age of 16 unless accompanied by a supervising companion aged 18 or over.  

Pets are not permitted but service dogs are allowed to accompany a guest with a disability.  

RESPONSIBILITIES OF PATRONS

By your participation you accept the inherent risks of possible injury or harm associated with the activity. You agree to abide by the following safety rules in addition to all verbal and posted instructions: -All players must only hit from the mat and no running starts or horseplay is allowed -Only the person hitting a ball may stand beyond the red line. All waiting players must always stand behind the red line -All persons must always stay behind the yellow line (please take extra care when playing from the upstairs bays) -Players are responsible for the safety of others around them and should always check their surroundings before swinging a club -Aim for the targets only. Deliberately aiming for the ball picker or hitting golf balls over the boundary netting is prohibited and players are responsible for any damage or injuries caused -Players aged under 16 MUST be supervised by an adult when playing -Throwing golf balls is prohibited -Only dispense one golf ball at a time. Photographs or videos taken by you must be for your own personal use and enjoyment and not for any commercial purpose. WE may use any photographs or video that WE take of you for our commercial purposes without payment to you. You must: -act with consideration for both you and others and refrain from behaviour which could affect your safety or the safety of others -always wear appropriate clothing and footwear (bare feet are not permitted) -obey all reasonable written and verbal instructions and warnings given by OUR staff -use safety equipment where directed -let US inspect any bags or other goods in your possession immediately upon request -be responsible for your own personal property as WE will not be responsible for any loss. Smoking, vaping and use of e-cigarettes are permitted in designated smoking areas only. Adults and carers are responsible for people under their supervision. You may be refused entry or evicted or have your membership cancelled if WE reasonably believe that you are adversely affected by drugs or alcohol or behave inappropriately or breach any of these Conditions of Entry. No alcohol, glassware, food (including commercially prepared food), beverages, eskies or coolers are permitted at Topgolf unless required for special dietary needs (e.g. allergies) or by infants or babies.

USE OF THE WEBSITE 

The Website is interactive and public and in posting content you understand, acknowledge and agree: 

a. any materials, ideas or other communications you transmit in any manner and for any reason will not be treated as confidential or proprietary; b. any ideas, concepts, techniques, procedures, methods, systems, video, scripts, music, photographs, designs, plans, charts or other materials you transmit may be used by US anywhere, anytime, and for any reason whatsoever; c. not to use any obscene, indecent, or offensive language; d. not to place on the Website any material that is defamatory, abusive, harassing, racist, hateful, encrypted, constitutes junk mail or unauthorized advertising, commercial offers, invades anyone's privacy, or encourages conduct that would constitute a criminal offence, give rise to civil liability, or that otherwise violates any local, federal, national or international law or regulation; e. to use the Website only for lawful purposes f. you are responsible for ensuring that any material you provide to the Website or post on a bulletin board or forum or elsewhere, including but not limited to text, photographs and sound, does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party or is posted with the permission of the owner(s) of such rights g. not to disrupt, overwhelm, attack, modify or interfere with the Website or its associated software, hardware and/or servers in any way; h. not to impede or interfere with others' use of the Website; i. not to post any software, files or links to other sites; j. not to post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation or any feature of the Website; and k. not to alter or tamper with any information or materials on or associated with the Website.

COMPETITIONS

If WE conduct any competitions on the Website then: 

a.  WE, in OUR absolute discretion, reserve the right to refuse any competition entry or to deny access to the Website for any conduct WE believe may breach these Terms & Conditions or any law; 

b.  competitions are subject to individual terms and conditions available at the time of entry; & 

c. OUR employees of and those of OUR related bodies corporate, including immediate family members, may not become members of the Website and cannot enter any competitions promoted on the Website. 

CHANGE

The information on the Website (including prices and product offerings) may change at any time without notice. The availability of features or products shown or referred to on the Website is subject to change, delay, cancellation or closure due to inclement weather, preventative maintenance, refurbishment or other operational requirements - detailed particulars can be obtained by contacting US directly. 

INTELLECTUAL PROPERTY RIGHTS

The contents of the Website, such as graphics, logos, information, text, video clips, material, software or advertisements ("Content") is owned by US unless stated otherwise and protected by Australian and international copyright and trademark law. Without OUR express permission the Content must not be modified, copied, reproduced, republished, framed, uploaded, posted, transmitted or distributed in any way except as expressly provided on the Website however you may download, store in cache, display, print and copy material in a complete and unaltered form for your own personal, non-commercial use provided that you: 

a. keep intact all copyright and trademark notices (see below); & 

b. do not use the material in any manner that suggests an association with any Topgolf products, services or brands. 

Provided the above conditions are followed, you may use the material on the Website for the purposes of research or study provided your use is fair (It is deemed fair to reproduce no more than 10% of the number of words on the Website and to only use the material for class use or assessment). 

THIRD PARTY LINKS

The Website contains hyperlinks and other pointers to websites operated by third parties ("Hyperlinked Websites"). Unless otherwise stated at those websites, Hyperlinked Websites are not controlled by US. By using those links you acknowledge and agree that: 

a. WE are not responsible for the contents of any Hyperlinked Websites, or any hyperlink contained in a Hyperlinked Website; 

b. WE provide these hyperlinks to you as a convenience only, and the inclusion of any link does not imply any endorsement of the Hyperlinked Website by US, OUR related bodies corporate, affiliates, corporate partners or licensors; & 

c. you access such Hyperlinked Websites entirely at your own risk. 

GIFT CARDS

Lost, stolen or damaged gift cards cannot be replaced, refunded or redeemed. Gift cards are: - 

a. redeemable for merchandise or services at Topgolf; 

b. not redeemable for cash; 

c. cannot be reloaded; & 

d. expire three (3) years from date of issue. 

When ordering gift cards online, a minimum amount of $10 must be loaded to each card, with a maximum of 4 cards per order. The maximum amount that can be loaded onto an individual card is $500. The total combined value of all gift cards in the order cannot exceed $2,000. 

Digital gift cards (or egift cards) will be sent to the recipient's email address instantly. Be mindful that the recipient may need to check their "Spam" or "Junk" inbox for the digital gift card. 

If you order a physical gift card online then delivery times will be restricted to, but not limited to, OUR shipping relationship with Australia Post. Registered shipping is offered within Australia at a cost of $7.30. Orders will be sent via express post and will be shipped within 5 business days. 

Cash will not be given for any unused balance and if the purchase exceeds the available card balance, the card holder will be required to make up the difference with another payment method. 

Gift cards cannot be used to purchase gift cards. 

When purchasing gift cards online, it is the purchaser's sole responsibility to ensure the postal address or recipient's email address is entered correctly. Any gift cards/certificates not delivered due to a purchaser's error, will not be replaced or refunded. 

Once the card is credited and in your possession you are liable for all transactions on your Topgolf gift card. 

WE do not issue refunds for a change of mind. 

Shipping costs apply to physical gift cards purchased via our online store. 

If you have any reason to believe an error has occurred in relation to your Topgolf gift card or if you have any other questions? Call Us before placing your order on 1300 008 442 or via [email protected]

TRADEMARKS

©2023 Topgolf International, Inc. All rights reserved. 

LIMITATION OF LIABILITY

Any representation, warranty, condition or undertaking that would be implied in these Terms & Conditions by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by law. 

Nothing in these Terms & Conditions excludes, restricts or modifies any condition, warranty, right or remedy which may be conferred by the Competition and Consumer Act 2010 (Cth) that cannot be excluded, restricted or modified by agreement. To the fullest extent permitted by law, OUR liability for a breach of a non-excludable condition or warranty is limited, at OUR option, to: a.  in the case of goods, any one or more of the following: 

-the replacement of the goods or the supply of equivalent goods; 

-the repair of the goods; 

-the payment of the cost of replacing the goods or of acquiring equivalent goods; or 

-the payment of the cost of having the goods repaired; or 

b.  in the case of services: 

-the supplying of the services again; or 

-the payment of the cost of having the services supplied again. 

THE VILLAGE ROADSHOW GROUP OF COMPANIES - PRIVACY POLICY

1. INTRODUCTION

1.1       Village Roadshow Group of Companies

 

VRG Holdco Pty Ltd and its subsidiaries (Villagewe or us) operate core businesses including theme parks, Topgolf, cinema exhibition and film distribution.

 

Through these varied businesses, Village collects information from customers and other parties with whom we deal for a variety of reasons including to enable Village to provide goods and services. Village collects both personal information as defined in the Privacy Act 1998 (Cth)(Privacy Act) and non-personal information and data. 

 

Village takes seriously its obligations in respect of the personal information it collects. To safeguard that information, Village has implemented a program to ensure compliance with the Privacy Act and the Australian Privacy Principles (APPs).

2. COLLECTION OF PERSONAL INFORMATION AND DATA

2.1 Nature of Information The personal information which Village collects depends on the nature of your interactions with us. We may collect personal information about consumers, members of loyalty programs, suppliers, contractors, employment applicants, and other parties we deal with (customers). The personal information may include: · name, gender, date of birth, contact details; payment details (such as credit/ debit card number and expiry date) provided when purchasing our products and services; personal bank account details, for example to award prize money won in promotions; loyalty program membership number and details including buying history, date of joining, opinions and product preferences; information about your use of our goods and services and other goods and services you may be interested in; and employment applications. Village (or its agent) collects certain information of shareholders for registration purposes, such as name, address, number of shares held, tax file number and bank account details. Village is required to maintain a register of shareholders under the Corporations Act 2001 (Cth). 2.2 How Village Collects Personal Information Village may collect personal information when a customer uses our services or purchases our goods, registers to receive our communications, joins as a member of one of our loyalty programs, enters a competition or promotion managed by us (including where a third party organisation is the promoter), visits our websites, applies for employment, completes a survey or otherwise interacts with us. There may be occasions when Village collects personal information about a customer from a third party. These third parties may include agents and other people who sell goods or services to customers for us or who interact with customers on our behalf; third parties who run competitions and other promotions for us; recruitment agencies; sharebrokers when shares in Village are purchased and social media. Village engages third parties who provide us with information about customers collected from publicly available sources or from their own databases. In accordance with the APPs, where practical, customers may deal with Village anonymously. However, frequently it is necessary to collect personal information during the course of transactions. 2.3 What happens if Personal Information is not provided? Village may not be able to provide a proper service to customers or undertake the activities set out at 3.1 if personal information is not provided upon request. 2.4 Cookies Village uses cookies, and may use pixel tags, web beacons, clear GIFs or other similar technologies, to collect personal information and anonymous units of data sent to a user’s browser by a website the user visits (Cookie Data). Village uses Cookie Data to: understand its customers and their preferences; facilitate and improve a customer’s website browsing experience; better understand how its websites are used; and provide customised messages and advertising personalised to customer’s interests. If a loyalty club member is logged into their account or a subscriber to a Village mailing list enters a competition or promotion managed by us, the Cookie Data Village collects will be linked with that member’s or subscriber’s personal information. You can configure your Internet browser to erase Cookie Data from your computer or device, prevent the collection of Cookie Data or receive a warning before a collection of Cookie Data. If a customer disables the collection of, or deletes, Cookie Data on their web browser then they may not be able to gain access to all the content and facilities of Village’s websites. 2.5 Data Collection and Use Village may use Cookie Data, data from third parties, Google Analytics (including Google remarketing) and Facebook remarketing to deliver targeted advertisements or content to a customer about products and services based on the webpages visited and the way in which that customer accesses its websites. To create customer profiles, Village may aggregate data collected via these sources with other information collected from customers. To the extent that this data or information constitutes personal information, Village will only use the information in accordance with the Privacy Act and the APPs. 2.6 Data Disclosure Village engages with third parties (Marketers) to enable delivery of targeted advertising and promotional content when customers visit Village’s websites or third party websites. Targeted content may advertise Village’s goods and services or the goods and services of a third party. Marketers which Village discloses data to (such as Cookie Data) include companies providing advertising services or data analysis and also: (a) Google: Village’s websites use Google Analytics, a web analytics service. A data privacy statement regarding the use of Cookie Data by Google Analytics can be found at: https://policies.google.com/technologies/partner-sites. Customers can prevent Google from detecting a cookie that is generated because of and related to their usage of a website (including their IP address) as well as processing of the data by downloading and installing this browser plugin: http://tools.google.com/dlpage/gaoptout?hl=en; and (b) Facebook: Facebook: Facebook uses Cookie Data to match profiles within their platform to create targeted audiences to deliver relevant content. Any information collected by Facebook is subject to its privacy policy available at https://www.facebook.com/privacy/explanation.

3. USE AND DISCLOSURE OF PERSONAL INFORMATION

3.1 Use of Personal Information Village may use personal information for the following purposes: to provide and administer goods and services, such as verifying a customer’s identity contacting customers about orders and bookings and processing payments; to operate competitions, promotions and events managed by Village (including where we provide this service on behalf of third party organisations); to distribute communications itself or with the assistance of third party service providers; to provide customer support, including assistance with ordering goods and services and responding to other enquiries or requests; to conduct marketing activities for Village’s goods and services, or goods and services of third parties, and to conduct market and other research to improve Village’s products, services and marketing activities; to create aggregate data through demographic profiling and statistical analysis of the database to provide to third parties and to allow for more efficient operation of Village’s businesses; to register shareholdings and to contact customers in relation to shareholdings; to conduct market research and analysis; to facilitate participation in loyalty and rewards programs; to manage employment applications; to establish, exercise or defend any legal claims; fraud prevention; and to maintain records and comply with Australian law. 3.2 Disclosure of Personal Information Village will only disclose personal information in compliance with this Privacy Policy. Village may disclose personal information to: officers, employees or contractors of Village in order to discharge their duties; Village group companies, related bodies corporate and business partners; third parties where Village believes that access is necessary to achieve the purpose for which the personal information was collected; service providers (such as auditors, accountants and lawyers) and other professional services firms; law enforcement agencies, regulatory authorities and government bodies and other authorities to whom Village is required to disclose personal information under any law, regulation, order or direction, including in respect of a pandemic or state of emergency; couriers, computer security companies and hosting services; payment system operators, banks and financial institutions.Customers of Village may be presented with the option of having their credit card details retained (by a third party) for future purchases; and certain Marketers such as Rokt Pte Ltd, a Singapore company (Rokt). Cookie Data (including personal information) from some Village websites may be disclosed to Rokt so that Rokt can display personalised offers to customers, who can then choose to opt-in to the offers. If a customer chooses to opt-in, their name, email address and other limited information about their transaction with Village will be provided by Rokt to the relevant advertiser to enable fulfilment of the offer. Any information collected by Rokt is subject to its privacy policy available at https://rokt.com/privacy-policy/. 3.3 International transfers Village may disclose personal information to overseas service providers. Village will only do so in compliance with Australian privacy laws and will take reasonable steps to ensure the overseas service providers handle the personal information in accordance with the APPs. Village will take reasonable steps to protect personal information regardless to which country it is transferred. Village may also disclose personal information to Marketers, service providers, third parties who process data, operate customer experience surveys and send our marketing emails to subscribers. The countries in which these third parties are located include include the United States, New Zealand, Singapore, Ireland and South Africa. 3.4 Storage and Security Personal information may be stored in hard copy, electronic files or both. Hard copy personal information is wherever practical, kept under locked security. Personal information stored on computer is wherever practical, password protected. Village uses third party information system providers who may store or have access to personal information. Where possible and practical, Village will endeavour to comply with recognised Australian and international standards relating to information security. Village deletes and de-identifies personal information when the information is no longer needed by Village. 3.5 Updating Personal Information Village monitors the quality and accuracy of personal information that it maintains and where practical, updates personal information on a regular basis. Customers can update or correct their personal information at any time by contacting Village’s Privacy Officer.

4. MINORS

Village’s position is that a young person is able to give their consent when they have a sufficient maturity to understand what is being proposed. Where practical, when obtaining personal information from minors, Village will make an assessment before collecting the information as to whether the minor would be able to provide informed consent to the use of their personal information.

5. COMPETITIONS

Personal information collected during competitions run by Village will be governed by the principles set out in this Privacy Policy and any privacy collection notice in the conditions of entry for the competition.

6. DIRECT MARKETING

Customers wishing to request access to, or correct, personal information held by Village should contact the Privacy Officer using the contact details in the section below titled “Who to Contact”. Village will provide access to the information held about the individual, including for the purpose of correcting or updating that information, unless there is an exception which applies under the APPs. Any request to provide access to this information will be dealt with within a reasonable time. If Village refuses to provide a customer with access to their personal information, Village will provide written reasons and the customer’s options with respect to the refusal. Loyalty program members may update their own profile information online or by contacting the Privacy Officer. 8. WHO TO CONTACT

7. ACCESS TO PERSONAL INFORMATION

Customers wishing to request access to, or correct, personal information held by Village should contact the Privacy Officer using the contact details in the section below titled “Who to Contact”.

 

Village will provide access to the information held about the individual, including for the purpose of correcting or updating that information, unless there is an exception which applies under the APPs. Any request to provide access to this information will be dealt with within a reasonable time.

 

If Village refuses to provide a customer with access to their personal information, Village will provide written reasons and the customer’s options with respect to the refusal.  Loyalty program members may update their own profile information online or by contacting the Privacy Officer.

8. WHO TO CONTACT

Village is committed to working with its customers to obtain a fair resolution of any complaint or concern about privacy. If you have a concern about your privacy or a query on how your personal information is collected or used please contact Village using the details below. We will respond to your query or complaint within a reasonable time. If you are not satisfied with Village’s response, you may also contact the Office of the Australian Information Commissioner. Privacy Officer Village Roadshow Pty Limited Level 4,650 Chapel Street South Yarra, Victoria 3141 Email: [email protected]